Trans jurisdictional Water Law and Governance

Trans jurisdictional Water Law and Governance

With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water ...

Author: Janice Gray

Publisher: Routledge

ISBN: 9781317401148

Category: Law

Page: 324

View: 557

Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.
Categories: Law

Practical Panarchy for Adaptive Water Governance

Practical Panarchy for Adaptive Water Governance

In: Gray J, Holley C, Rayfuse R (eds) Trans-jurisdictional water law and governance, Earthscan studies in water resource management. Routledge, London Gunderson L (2000) Ecological resilience—in theory and application.

Author: Barbara Cosens

Publisher: Springer

ISBN: 9783319724720

Category: Law

Page: 322

View: 965

This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array public and private arrangements. In this process, three challenges emerge for water governance to become adaptive to environmental change. First, is the need for legal reform to remove barriers to adaptive governance by authorizing government agencies to prepare for windows of opportunity through adaptive planning, and to institutionalize the results of innovative solutions that arise once a window opens. Second, is the need for legal reform to give government agencies the authority to facilitate and participate in adaptive management and governance. This must be accompanied by parallel legal reform to assure that engagement of private and economic actors and the increase in governmental flexibility does not destabilize basin economies or come at the expense of legitimacy, accountability, equity, and justice. Third, development of means to continually assess thresholds and resilience of social-ecological systems and the adaptive capacity of their current governance to structure actions at multiple scales. The massive investment in water infrastructure on the river basins studied has improved the agricultural, urban and economic sectors, largely at the cost of other social and environmental values. Today the infrastructure is aging and in need of substantial investment for those benefits to continue and adapt to ongoing environmental changes. The renewal of institutions and heavily engineered water systems also presents the opportunity to modernize these systems to address inequity and align with the values and objectives of the 21st century. Creative approaches are needed to transform and modernize water governance that increases the capacity of these water-based social-ecological systems to innovate, adapt, and learn, will provide the tools needed to navigate an uncertain future.
Categories: Law

Reforming Water Law and Governance

Reforming Water Law and Governance

The Journal of Water Law, 22(2/3), 53–57. Gray, J., Holley, C., & Rayfuse, R. (Eds.). (2016). Trans-jurisdictional water law and governance. Studies in Water Resource Management Series. Abingdon: Earthscan. Grafton, R. Q., Horne, J., ...

Author: Cameron Holley

Publisher: Springer

ISBN: 9789811089770

Category: Law

Page: 298

View: 279

This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law. Chapter “Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Categories: Law

Transboundary Waters Infrastructure Development and Public Private Partnership

Transboundary Waters  Infrastructure Development and Public Private Partnership

The MRC was given the responsibility to coordinate the development of water resources in relation to the natural resources and ... 43–61 (Earthscan Studies in Water Resource Management Routledge, Taylor & Francis Group, 2016).

Author: Richard Kyle Paisley

Publisher: BRILL

ISBN: 9789004359765

Category: Law

Page: 84

View: 281

Transboundary Waters, Infrastructure Development and Public Private Partnership offers a cogent introduction to PPPs involving transboundary international waters which require particular attention given their huge potential for social and environmental impact.
Categories: Law

Environmental Water Markets and Regulation

Environmental Water Markets and Regulation

Earthscan Studies in Water Resource Management The Mekong: A Socio-legal Approach to River Basin Development Ben Boer, Philip Hirsch, Fleur Johns, Ben Saul and Natalia Scurrah Trans-jurisdictional Water Law and Governance Edited by ...

Author: Katherine Owens

Publisher: Routledge

ISBN: 9781317293644

Category: Law

Page: 276

View: 670

River systems around the world are degraded and are being used unsustainably. Meeting this challenge requires the development of flexible regimes that have the potential to meet essential consumptive needs while restoring environmental flows. This book focuses on how water trading frameworks can be repurposed for environmental water recovery and aims to conceptualise the most appropriate role for law in supporting recovery through these frameworks. The author presents a comprehensive study of the legal frameworks in four jurisdictions: the States of Oregon and Colorado in the western United States; the province of Alberta in Canada; and the Murray-Darling Basin in Australia/Basin State of New South Wales. A close comparative analysis of these four jurisdictions reveals a variety of distinctive regulatory arrangements and collaborations between public and private actors. In all cases, the law has been deployed to steer and coordinate these water governance activities. The book argues that each regime is based on a particular regulatory strategy, with different conceptions of the appropriate roles for, and relationships between, various actors and institutions. Legal frameworks do not have the capacity to rationalise and provide an overarching and absolute solution to the complex environmental and governance issues that arise in the context of environmental water transactions. Rather, the role of law in this context needs to be reconceptualised within the paradigm of regulatory capitalism as establishing and maintaining the limits within which regulatory participants can operate, innovate and collaborate.
Categories: Law

Water Regimes

Water Regimes

Earthscan Studies in Water Resource Management Water, Power and Identity The cultural politics of water in the Andes ... Fleur Johns, Ben Saul and Natalia Scurrah Trans-jurisdictional Water Law and Governance Edited by Janice Gray, ...

Author: Dominique Lorrain

Publisher: Routledge

ISBN: 9781317211914

Category: Technology & Engineering

Page: 228

View: 220

In recent years the water sector has undergone profound institutional, economic and political transformations. Some countries have encouraged privatization of water services, but in many cases this has provoked adverse reaction to such a neoliberal and market-based approach to this common shared but essential resource. This book goes beyond the ideology of the public versus private water regime debate, by focusing on the results of these types of initiatives to provide better water services, particularly in urban settings. It provides numerous examples of alternative models, to show who is responsible for implementing such systems and what are their social, institutional and technical-scientific characteristics. Policies are analysed in terms of their implications for employees and residents. The book presents a new combinatory approach of water regimes, based on several international case studies (Argentina, Bolivia, China, France, Germany, India, South Africa and the USA, plus a comparison of three cities in Africa) presenting specific challenges for water models. These case studies demonstrate the successes and problems of a range of private sector involvements in the provision of water services, and provide examples of how small-scale systems can compare with larger-scale more technical systems.
Categories: Technology & Engineering

Land and Hydropolitics in the Nile River Basin

Land and Hydropolitics in the Nile River Basin

Earthscan Studies in Water Resource Management Water, Power and Identity The cultural politics of water in the Andes ... Fleur Johns, Ben Saul and Natalia Scurrah Trans-jurisdictional Water Law and Governance Edited by Janice Gray, ...

Author: Emil Sandstrom

Publisher: Routledge

ISBN: 9781317414346

Category: Political Science

Page: 238

View: 626

The Nile River Basin supports the livelihoods of millions of people in Egypt, Ethiopia, Sudan and Uganda, principally as water for agriculture and hydropower. The resource is the focus of much contested development, not only between upstream and downstream neighbours, but also from countries outside the region. This book investigates the water, land and energy nexus in the Nile Basin. It explains how the current surge in land and energy investments, both by foreign actors as well as domestic investors, affects already strained transboundary relations in the region and how investments are intertwined within wider contexts of Nile Basin history, politics and economy. Overall, the book presents a range of perspectives, drawing on political science, international relations theory, sociology, history and political ecology.
Categories: Political Science

Global Water Ethics

Global Water Ethics

p.ii Earthscan Studies in Water Resource Management Rules, Norms and NGO Advocacy Strategies Hydropower Development on ... Fleur Johns, Ben Saul and Natalia Scurrah Trans-jurisdictional Water Law and Governance Edited by Janice Gray, ...

Author: Rafael Ziegler

Publisher: Routledge

ISBN: 9781315469676

Category: Philosophy

Page: 316

View: 591

Scholarly interest in water ethics is increasing, motivated by the urgency of climate change, water scarcity, privatization and conflicts over water resources. Water ethics can provide both conceptual perspectives and practical methodologies for identifying outcomes which are environmentally sustainable and socially just. This book assesses the implications of ongoing research in framing a new discipline of water ethics in practice. Contributions consider the difficult ethical and epistemological questions of water ethics in a global context, as well as offering local, empirical perspectives. Case study chapters focus on a range of countries including Canada, China, Germany, India, South Africa and the USA. The respective insights are brought together in the final section concerning the practical project of a universal water ethics charter, alongside theoretical questions about the legitimacy of a global water ethics. Overall the book provides a stimulating examination of water ethics in theory and practice, relevant to academics and professionals in the fields of water resource management and governance, environmental ethics, geography, law and political science.
Categories: Philosophy

Negotiating for Water Resources

Negotiating for Water Resources

Earthscan. Studies. in. Water. Resource. Management. For more information and to view forthcoming titles in this ... meaning and place By Lia Bryant, with Jodie George Trans-jurisdictional Water Law and Governance Edited by Janice Gray, ...

Author: Andrea Haefner

Publisher: Taylor & Francis

ISBN: 9781317213963

Category: Political Science

Page: 200

View: 408

Over 90 per cent of the world population lives in countries that share a river basin with others. Freshwater resources are scarce and different nations, actors and users compete for limited resources in transboundary river basins; often conflicting with each other. Water is a resource with no substitute: it cannot be secured in sufficiently large quantities through long-distance trade deals; and, due to the interconnectivity of the hydrological system, the actions of one country in its water management have a direct bearing on the interests of neighbouring countries. For instance, in the Mekong River Basin, current hydropower and navigation developments in certain countries impact on traditional sources of income such as fisheries, and rice production in others. These kinds of changes in water use have given rise to conflict between countries in that region and others, but have also led, in some cases, to greater cooperation. The past few decades have seen a number of new agreements about the sharing of river resources and cooperation between riparian states. Negotiating for Water Resources explores the drivers of conflict and cooperation between states in transnational river basins. Drawing on extensive fieldwork and interviews on the Mekong, Danube and La Plata River Basins, the book provides a three level analysis across three case studies, including the regional framework (EU, ASEAN and Mercosur), the River Basin Organisations (ICPDR, MRC and CIC) and the micro-level. The key question of the book is: To what extent do power asymmetries prevent or inhibit cooperation between riparian states over water resources? This is linked to the question of how institutions contribute to mitigate competition for natural resources and how states interact in a multilateral arena. Overall, the book argues that cooperation in transboundary river basins is possible even where there are asymmetric power relations, challenging realist assumptions about competition and conflict over resources.
Categories: Political Science

The Politics of Fresh Water

The Politics of Fresh Water

Earthscan. Studies. in. Water. Resource. Management. For more information and to view forthcoming titles in this series, ... Fleur Johns, Ben Saul and Natalia Scurrah Trans-jurisdictional Water Law and Governance Edited by Janice Gray, ...

Author: Catherine M. Ashcraft

Publisher: Taylor & Francis

ISBN: 9781317509981

Category: Political Science

Page: 244

View: 499

Water scarcity is not simply the result of what nature has to offer but always involves power relations and political decisions. This volume discusses the politics of the freshwater crisis, specifically how access to water is determined in different regions and historical periods, how conflict is constructed and managed, and how identity and efforts to control water systems, through development, technologies, and institutions, shape one another. The book analyzes responses to the water crisis as efforts to mitigate water insecurity and as expressions of collective identity that legitimate, resist, or seek to transform existing inequalities. The chapters focus on different processes that contribute to freshwater scarcity, including land use decisions, pollution, privatization, damming, climate change, discrimination, water management institutions and technology. Case studies are included from North and South America, Africa, Asia, Europe and New Zealand.
Categories: Political Science